An Empirical Study On The Joint Debt Of Spouse

In recent years,China’s social and economic development continues to maintain a good momentum.Under the positive influence of this promotion,citizens’ awareness of freedom and independence has been continuously enhanced,and cases concerning marital joint debt have also increased.However,the identification of the joint debt of spouse has always been the field of disputes between the theoretical and practical circles.In our country’s existing laws and regulations of the couple’s property system,what legal technology standard and how to distribute the burden of proof,how to distinguish between spouse together debt and personal debt,can be effective in debt claims of creditors and the debt of one party a rationality balance between property interest,these are the current urgently needs to solve the problem.As a matter of fact,the recognition standard of marital joint debt has been clarified in relevant judicial interpretations.Later,it is fully absorbed in Article 1064 of the Civil Code issued by China.It can be shown that the legislators are satisfied with the effect of the implementation of the standard to alleviate the conflict between the couple’s joint debt disputes.Combination with no.2[2018] of the corresponding rules,related to decide how to joint debt sharing in addition to the applicable debt on the question of sign system policy,can also refer to the daily housework agency regulations,the regulation to a certain extent,solves the problems of joint debt difficulty,but also alleviate the legal disputes between spouses.However,a large number of cases have proved that,after the introduction of No.2 Law Interpretation[2018],the protection of the interests of creditors is insufficient and has been greatly harmed.Because the debtor cannot provide direct evidence,the judgment is made that the debt is personal debt,which puts the rights and interests of creditors and non-debtors in an unbalanced situation.Relevant supporting rules continue to be absent,and the recognition system of marital joint debt has not been built and perfected.In terms of chapter design,besides the introduction and conclusion,this paper is designed into four chapters to develop the discussion.This article first chapter with S province N city S district people’s court a microscopic view,select the grass-roots court in 2017,2019,2020 cases of joint debt issued by the effective judicial documents,a total of 607,at the same time explore the grass-roots court interpretation of the introduced method before and after [2018] no.2will borrow debt owed by people identified as spouse together debt proportion,through the graph,table,data analysis,comparative intuitively reflect the region will borrow the proportion of debt as spouse together debt owed by the fall,and the result of the cause of action,the referee,applicable law,that reason is analyzed.Through data analysis and in-depth interpretation of cases,the characteristics of marital debt are obtained.The second chapter analyzes the reasons for the differences between the results of2017,2019 and 2020.That is,the influence of Xi Jinping’s general secretary’s "people-oriented" judicial concept in judicial practice and the changes in the legislation of the eighteen common debts of spouse since then.In the third chapter,by analyzing the judgment logic and basis of the grass-roots court,the author points out the problems existing in the determination of spouse’s joint debts in judicial practice;Second,the creditor is trapped in the problem of proof again;Third,there are loopholes in the liquidation rules,which can not guarantee the rights and interests of non debtors.The fourth chapter proposes countermeasures to the problems raised in the third chapter.By improving the daily family agency system;Specification adjustment proof request with difficulty,enhance the judge authority to find out,a spouse common debt repayment rules and its corresponding content,thus to make up for the absence of legal problems,and make our country based on the judicial practice to speed up the pace of building a joint debt authentication system,the burden of proof in judicial practice at the same time to promote the rational distribution of power.The author believes that dealing with the identification of the joint debt of spouse is not only beneficial to maintaining the spouse community and promoting the harmonious family relationship,but also has a significant contribution to protecting the efficiency of civil and commercial transactions and improving the trust interest protection mechanism.